Welcome to the Swag Cobra! Swag Cobra provides website features and other products and services to you when you visit or shop at the websites operated by Swag Cobra. Swag Cobra provides the Swag Cobra Services subject to the following conditions.
By using Swag Cobra Services, you agree to these conditions. Please read them carefully.
When you use any Swag Cobra Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites or through the other Swag Cobra Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Swag Cobra Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Swag Cobra or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Swag Cobra Service is the exclusive property of Swag Cobra and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Swag Cobra Service are trademarks or trade dress of Swag Cobra in the U.S. and other countries. Swag Cobra’s trademarks and trade dress may not be used in connection with any product or service that is not Swag Cobra’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swag Cobra. All other trademarks not owned by Swag Cobra that appear in any Swag Cobra Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Swag Cobra.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Swag Cobra or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Swag Cobra Services. This license does not include any resale or commercial use of any Swag Cobra Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Swag Cobra Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Swag Cobra or its licensors, suppliers, publishers, rightsholders, or other content providers. No Swag Cobra Service, nor any part of any Swag Cobra Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Swag Cobra. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Swag Cobra without express written consent. You may not use any meta tags or any other “hidden text” utilizing Swag Cobra’s name or trademarks without the express written consent of Swag Cobra. You may not misuse the Swag Cobra Services. You may use the Swag Cobra Services only as permitted by law. The licenses granted by Swag Cobra terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Swag Cobra Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Swag Cobra does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Swag Cobra Services only with involvement of a parent or guardian. Alcohol listings on wine.Swag Cobra.com are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Swag Cobra reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Swag Cobra reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Swag Cobra a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Swag Cobra and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Swag Cobra for all claims resulting from content you supply. Swag Cobra has the right but not the obligation to monitor and edit or remove any activity or content. Swag Cobra takes no responsibility and assumes no liability for any content posted by you or any third party.
Swag Cobra respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Swag Cobra are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Some items may not be returnable or refundable. At our discretion, a refund may be issued without requiring a return. In this situation, Swag Cobra does not take title to the refunded item. Swag Cobra does not take title to returned items until the item arrives at our fulfillment center.
Swag Cobra attempts to be as accurate as possible. However, Swag Cobra does not warrant that product descriptions or other content of any Swag Cobra Service is accurate, complete, reliable, current, or error-free. If a product offered by Swag Cobra itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on any Swag Cobra Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Swag Cobra, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Swag Cobra is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your payment method until after your order has entered the shipping process.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Swag Cobra SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Swag Cobra SERVICES ARE PROVIDED BY Swag Cobra ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Swag Cobra MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Swag Cobra SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Swag Cobra SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Swag Cobra SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Swag Cobra DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Swag Cobra DOES NOT WARRANT THAT THE Swag Cobra SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Swag Cobra SERVICES, Swag Cobra’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Swag Cobra ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Swag Cobra WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Swag Cobra SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Swag Cobra SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using any Swag Cobra Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Swag Cobra.
MODIFICATION AND SEVERABILITY